Xanthan Gum From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2017-2018, 64831-64833 [2019-25536]
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Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
For further information, contact
Camille Evans at Camille.Evans@
trade.gov or (202) 482–2350.
Dated: November 19, 2019.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2019–25511 Filed 11–22–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Regulations and Procedures Technical
Advisory Committee; Notice of
Partially Closed Meeting
The Regulations and Procedures
Technical Advisory Committee (RPTAC)
will meet December 10, 2019, 9:00 a.m.,
Room 3884, in the Herbert C. Hoover
Building, 14th Street between
Constitution and Pennsylvania Avenues
NW, Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
implementation of the Export
Administration Regulations (EAR) and
provides for continuing review to
update the EAR as needed.
Agenda
1. Opening remarks by the Chairman
2. Opening remarks by the Bureau of
Industry and Security
3. Presentation of papers or comments
by the Public
4. Export Enforcement Update
5. Regulations Update
6. Working Group Reports
7. Automated Export System Update
8. Discussion of matters determined to
be exempt from the provisions
relating to public meetings found in
5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3)
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than December 3,
2019.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
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[FR Doc. 2019–25550 Filed 11–22–19; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–985]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the
companies under review did not make
sales of subject merchandise below
normal value during the period of
review (POR) July 1, 2017 through June
30, 2018.
DATES: Applicable November 25, 2019.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis or Thomas Hanna,
AD/CVD Operations, Office IV,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3147
and (202) 482–0835, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Closed Session
17:31 Nov 22, 2019
Yvette Springer,
Committee Liaison Officer.
Xanthan Gum From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2017–2018
Public Session
VerDate Sep<11>2014
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on May 21, 2019,
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § 10(d)), that the portion
of the meeting dealing with predecisional changes to the Commerce
Control List and the U.S. export control
policies shall be exempt from the
provisions relating to public meetings
found in 5 U.S.C. app. 2 § § 10(a)(1) and
10(a)(3). The remaining portions of the
meeting will be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
Background
After Commerce published the
Preliminary Results on June 10, 2019,1
1 See Xanthan Gum from the People’s Republic of
China: Preliminary Results of the Antidumping
Duty Administrative Review, and Preliminary
Determination of No Shipments; 2017–2018, 84 FR
26813 (June 10, 2019) (Preliminary Results) and
accompanying Preliminary Decision Memorandum.
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64831
interested parties commented on those
results. For details regarding the events
that occurred subsequent to the
Preliminary Results, see the Issues and
Decision Memorandum.2 Commerce
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The product covered by this order is
dry xanthan gum, whether or not coated
or blended with other products, from
China. For a complete description of the
scope of this order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in the
case and rebuttal briefs submitted by
interested parties in the Issues and
Decision Memorandum, which is hereby
adopted by this notice. The Appendix to
this notice provides a list of sections in
the Issues and Decision Memorandum
as well as a list of the issues which
parties raised. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties in the Central
Records Unit of the main Commerce
building, room B8024. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, we have corrected a ministerial
error that occurred in determining the
surrogate value for Deosen’s
cornstarch.3 We have made no other
changes to the Preliminary Results.
Separate Rates
In the Preliminary Results, we found
that Meihua Group International
Trading (Hong Kong) Limited, Langfang
Meihua Biotechnology Co., Ltd., and
Xinjiang Meihua Amino Acid Co., Ltd.
2 See Memorandum ‘‘Issue and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review:
Xanthan Gum from the People’s Republic of China;
2017–2018,’’ (Issues and Decision Memorandum),
dated concurrently with this notice.
3 See Issues and Decision Memorandum at
Comment 5.
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(collectively, Meihua), Deosen
Biochemical (Ordos) Ltd./Deosen
Biochemical Ltd. (collectively, Deosen)
and CP Kelco (Shandong) Biological
Company Limited (CP Kelco (Shandong)
demonstrated their eligibility for
separate-rate status, but that Hebei
Xinhe Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. did not
demonstrate their eligibility for
separate-rate status because both failed
to file a separate rate application or a
separate rate certification.4 Thus,
Commerce treated Hebei Xinhe
Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. as part of the
China-wide entity. No parties
commented on these determinations.
For the final results of review, we
continue to grant Meihua, Deosen, and
CP Kelco (Shandong) separate-rate
status and deny Hebei Xinhe
Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. separate-rate
status.
Final Determination of No Shipments
In the Preliminary Results, we found
that Jianlong Biotechnology Co., Ltd.
(Jianlong) (previously known as Inner
Mongolia Jianlong Biochemical Co., Ltd.
(IMJ)) and Shanghai Smart Chemicals
Co., Ltd. (Shanghai Smart) had no
shipments of subject merchandise to the
United States during the POR and,
therefore, no reviewable transactions
during the POR.5 No parties commented
on these determinations. For the final
results of review, we continue to find
that these companies had no shipments
during the POR.
Dumping Margin for Non-Individually
Examined Respondents Granted
Separate Rate Status
The statute and Commerce’s
regulations do not address the rate to
apply to respondents not selected for
individual examination in an NME
administrative review who are eligible
for a separate rate when Commerce
limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
non-selected respondents that are not
examined individually in an NME
administrative review but are eligible
for a separate rate. Section 735(c)(5)(A)
of the Act provides that the all-others
rate should be calculated by averaging
the weighted-average dumping margins
for individually-examined respondents,
excluding rates that are zero, de
minimis, or based entirely on facts
available. When the rates for
individually examined companies are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method’’ to
establish the all others rate. After
making the change described above,
both mandatory respondents, Meihua
and Deosen, have a calculated weightedaverage dumping margin of zero
percent. As such, we assigned a
dumping margin equal to zero percent
to the separate rate recipients not
selected for examination.
Final Results of Administrative Review
We determine that the following
weighted-average dumping margin
exists for the POR:
Weighted-average
dumping margins
(percentage)
Exporter
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) Ltd .........................................................................................................
Meihua Group International Trading (Hong Kong) Limited/Langfang Meihua Biotechnology Co., Ltd./Xinjiang Meihua Amino
Acid Co., Ltd ..............................................................................................................................................................................
CP Kelco (Shandong) Biological Company Limited ......................................................................................................................
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Commerce intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. Because Meihua,
Deosen, and CP Kelco (Shandong)’s
weighted-average dumping margin is
zero percent, we intend to instruct CBP
to liquidate appropriate entries from
these companies without regard to
antidumping duties.6
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, but that entered under the
4 See
Preliminary Results, 84 FR at 26814.
5 Id.
6 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
VerDate Sep<11>2014
17:31 Nov 22, 2019
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0.00
0.00
0.00
case number of that exporter (i.e., at the
individually-examined exporter’s cash
deposit rate), we will instruct CBP to
liquidate such entries at the China-wide
rate (i.e., 154.07 percent). Additionally,
where we determined that an exporter
under review had no shipments of the
subject merchandise to the United
States during the POR, any suspended
entries that entered during the POR
under that exporter’s case number will
be liquidated at the China-wide rate.
Although Commerce discontinued the
instant review with respect to Inner
Mongolia Fufeng Biotechnologies Co.,
Ltd./Neimenggu Fufeng Biotechnologies
Co., Ltd. (aka Inner Mongolia Fufeng
Biotechnologies Co., Ltd.) (Neimenggu
Fufeng)/Shandong Fufeng Fermentation
Co., Ltd. (Shandong Fufeng)/Xinjiang
Fufeng Biotechnologies Co., Ltd.
(Xinjiang Fufeng) (collectively, Fufeng),
as a result of litigation before the U.S.
Court of International Trade,7 the
suspension of liquidation must continue
during the pendency of the appeals
process for that litigation. Therefore, we
will not issue liquidation instructions
for POR entries of subject merchandise
produced and exported by Fufeng until
the appeals process has concluded.
Proceedings; Final Modification, 77 FR 8101, 8103
(February 14, 2012).
7 See Xanthan Gum from the People’s Republic of
China: Notice of Court Decision Not in Harmony
With Amended Final Determination in Less Than
Fair Value Investigation; Notice of Amended Final
Determination Pursuant to Court Decision; Notice of
Revocation of Antidumping Duty Order in Part; and
Discontinuation of Fourth and Fifth Antidumping
Duty Administrative Reviews in Part, 83 FR 52205,
52206 (October 16, 2018).
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
review, as provided for by section
751(a)(2)(C) of the Act: (1) For the
exporters listed in the table above, the
cash deposit rate will be the rate that is
listed for the exporter in the table above;
E:\FR\FM\25NON1.SGM
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Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
(2) for previously investigated or
reviewed China and non-China
exporters not listed in the table above
that have a separate rate, the cash
deposit rate will continue to be the
existing exporter-specific rate published
for the most recent period; (3) for all
China exporters of subject merchandise
that have not been found to be entitled
to a separate rate, the cash deposit rate
will be the rate previously established
for the China-wide entity, which is
154.07 percent; and (4) for all non-China
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the China exporter that
supplied that non-China exporter. The
cash deposit requirements, when
imposed, shall remain in effect until
further notice.
IV. Discussion of The Issues
Comment 1: Commerce Should Make No
Changes to the Calculations Not Raised
in the Case Briefs of the Parties to the
Review
Comment 2: Commerce Should Not Deduct
from the U.S. Price Any Amount for
Value-Added Tax
Comment 3: Whether Commerce Should
Modify Customs Instructions
Comment 4: Commerce Should Include
Reported Energy Factors of Production in
its Normal Value Calculation
Comment 5: Commerce Incorrectly Valued
Cornstarch
Comment 6: Commerce Should Accept
Green Health International’s Separate
Rate Application
V. Conclusion
Notification to Importers Regarding the
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
DEPARTMENT OF COMMERCE
Notification Regarding Administrative
Protective Order (APO)
This notice also serves as a reminder
to parties subject to APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing these final results of
administrative review and publishing
this notice in accordance with sections
751(a)(1) and 777(i) of the Act.
Dated: November 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
VerDate Sep<11>2014
17:31 Nov 22, 2019
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[FR Doc. 2019–25536 Filed 11–22–19; 8:45 am]
BILLING CODE 3510–DS–P
National Oceanic and Atmospheric
Administration
[RTID 0648–XR040]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Long Beach
Cruise Terminal Improvement Project
in the Port of Long Beach, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Carnival Corporation & PLC (Carnival)
to incidentally take, by Level A
harassment and Level B harassment,
five species of marine mammals during
the Port of Long Beach Cruise Terminal
Improvement Project in Port of Long
Beach, California.
DATES: This Authorization is effective
from November 19, 2019 through
November 18, 2020.
FOR FURTHER INFORMATION CONTACT:
Wendy Piniak, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the authorization,
application, and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing
SUMMARY:
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64833
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of the species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On February 15, 2019, NMFS received
a request from Carnival for an IHA to
take marine mammals incidental to the
Port of Long Beach Cruise Terminal
Improvement Project in Port of Long
Beach (POLB), California. The
application was deemed adequate and
complete on July 12, 2019. Subsequent
revisions to the application were
submitted by Carnival on September 13,
2019. Carnival’s request is for take of
five species of marine mammals by
Level B harassment and one of these
five species by Level A harassment.
Neither Carnival nor NMFS expects
serious injury or mortality to result from
this activity and, therefore, an IHA is
appropriate. In-water activities (pile
installation and dredging) associated
with the project are anticipated to
require five months.
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Agencies
[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64831-64833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25536]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-985]
Xanthan Gum From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
companies under review did not make sales of subject merchandise below
normal value during the period of review (POR) July 1, 2017 through
June 30, 2018.
DATES: Applicable November 25, 2019.
FOR FURTHER INFORMATION CONTACT: Aleksandras Nakutis or Thomas Hanna,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3147 and (202)
482-0835, respectively.
SUPPLEMENTARY INFORMATION:
Background
After Commerce published the Preliminary Results on June 10,
2019,\1\ interested parties commented on those results. For details
regarding the events that occurred subsequent to the Preliminary
Results, see the Issues and Decision Memorandum.\2\ Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Xanthan Gum from the People's Republic of China:
Preliminary Results of the Antidumping Duty Administrative Review,
and Preliminary Determination of No Shipments; 2017-2018, 84 FR
26813 (June 10, 2019) (Preliminary Results) and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum ``Issue and Decision Memorandum for the Final
Results of the Antidumping Duty Administrative Review: Xanthan Gum
from the People's Republic of China; 2017-2018,'' (Issues and
Decision Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is dry xanthan gum, whether or
not coated or blended with other products, from China. For a complete
description of the scope of this order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs
submitted by interested parties in the Issues and Decision Memorandum,
which is hereby adopted by this notice. The Appendix to this notice
provides a list of sections in the Issues and Decision Memorandum as
well as a list of the issues which parties raised. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and it is available to all
parties in the Central Records Unit of the main Commerce building, room
B8024. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly on the internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding the Preliminary Results, we have corrected
a ministerial error that occurred in determining the surrogate value
for Deosen's cornstarch.\3\ We have made no other changes to the
Preliminary Results.
---------------------------------------------------------------------------
\3\ See Issues and Decision Memorandum at Comment 5.
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we found that Meihua Group
International Trading (Hong Kong) Limited, Langfang Meihua
Biotechnology Co., Ltd., and Xinjiang Meihua Amino Acid Co., Ltd.
[[Page 64832]]
(collectively, Meihua), Deosen Biochemical (Ordos) Ltd./Deosen
Biochemical Ltd. (collectively, Deosen) and CP Kelco (Shandong)
Biological Company Limited (CP Kelco (Shandong) demonstrated their
eligibility for separate-rate status, but that Hebei Xinhe Biochemical
Co., Ltd. and A.H.A. International Co., Ltd. did not demonstrate their
eligibility for separate-rate status because both failed to file a
separate rate application or a separate rate certification.\4\ Thus,
Commerce treated Hebei Xinhe Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. as part of the China-wide entity. No parties
commented on these determinations. For the final results of review, we
continue to grant Meihua, Deosen, and CP Kelco (Shandong) separate-rate
status and deny Hebei Xinhe Biochemical Co., Ltd. and A.H.A.
International Co., Ltd. separate-rate status.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 84 FR at 26814.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we found that Jianlong Biotechnology
Co., Ltd. (Jianlong) (previously known as Inner Mongolia Jianlong
Biochemical Co., Ltd. (IMJ)) and Shanghai Smart Chemicals Co., Ltd.
(Shanghai Smart) had no shipments of subject merchandise to the United
States during the POR and, therefore, no reviewable transactions during
the POR.\5\ No parties commented on these determinations. For the final
results of review, we continue to find that these companies had no
shipments during the POR.
---------------------------------------------------------------------------
\5\ Id.
---------------------------------------------------------------------------
Dumping Margin for Non-Individually Examined Respondents Granted
Separate Rate Status
The statute and Commerce's regulations do not address the rate to
apply to respondents not selected for individual examination in an NME
administrative review who are eligible for a separate rate when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in a market economy investigation, for guidance when
calculating the rate for non-selected respondents that are not examined
individually in an NME administrative review but are eligible for a
separate rate. Section 735(c)(5)(A) of the Act provides that the all-
others rate should be calculated by averaging the weighted-average
dumping margins for individually-examined respondents, excluding rates
that are zero, de minimis, or based entirely on facts available. When
the rates for individually examined companies are all zero, de minimis,
or based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method'' to establish
the all others rate. After making the change described above, both
mandatory respondents, Meihua and Deosen, have a calculated weighted-
average dumping margin of zero percent. As such, we assigned a dumping
margin equal to zero percent to the separate rate recipients not
selected for examination.
Final Results of Administrative Review
We determine that the following weighted-average dumping margin
exists for the POR:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margins
(percentage)
------------------------------------------------------------------------
Deosen Biochemical Ltd./Deosen Biochemical (Ordos) 0.00
Ltd.................................................
Meihua Group International Trading (Hong Kong) 0.00
Limited/Langfang Meihua Biotechnology Co., Ltd./
Xinjiang Meihua Amino Acid Co., Ltd.................
CP Kelco (Shandong) Biological Company Limited....... 0.00
------------------------------------------------------------------------
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce intends to issue assessment instructions to CBP 15 days after
the publication date of the final results of this review. Because
Meihua, Deosen, and CP Kelco (Shandong)'s weighted-average dumping
margin is zero percent, we intend to instruct CBP to liquidate
appropriate entries from these companies without regard to antidumping
duties.\6\
---------------------------------------------------------------------------
\6\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8103 (February 14,
2012).
---------------------------------------------------------------------------
For entries that were not reported in the U.S. sales database
submitted by an exporter individually examined during this review, but
that entered under the case number of that exporter (i.e., at the
individually-examined exporter's cash deposit rate), we will instruct
CBP to liquidate such entries at the China-wide rate (i.e., 154.07
percent). Additionally, where we determined that an exporter under
review had no shipments of the subject merchandise to the United States
during the POR, any suspended entries that entered during the POR under
that exporter's case number will be liquidated at the China-wide rate.
Although Commerce discontinued the instant review with respect to
Inner Mongolia Fufeng Biotechnologies Co., Ltd./Neimenggu Fufeng
Biotechnologies Co., Ltd. (aka Inner Mongolia Fufeng Biotechnologies
Co., Ltd.) (Neimenggu Fufeng)/Shandong Fufeng Fermentation Co., Ltd.
(Shandong Fufeng)/Xinjiang Fufeng Biotechnologies Co., Ltd. (Xinjiang
Fufeng) (collectively, Fufeng), as a result of litigation before the
U.S. Court of International Trade,\7\ the suspension of liquidation
must continue during the pendency of the appeals process for that
litigation. Therefore, we will not issue liquidation instructions for
POR entries of subject merchandise produced and exported by Fufeng
until the appeals process has concluded.
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\7\ See Xanthan Gum from the People's Republic of China: Notice
of Court Decision Not in Harmony With Amended Final Determination in
Less Than Fair Value Investigation; Notice of Amended Final
Determination Pursuant to Court Decision; Notice of Revocation of
Antidumping Duty Order in Part; and Discontinuation of Fourth and
Fifth Antidumping Duty Administrative Reviews in Part, 83 FR 52205,
52206 (October 16, 2018).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For the exporters listed in the table above, the cash deposit
rate will be the rate that is listed for the exporter in the table
above;
[[Page 64833]]
(2) for previously investigated or reviewed China and non-China
exporters not listed in the table above that have a separate rate, the
cash deposit rate will continue to be the existing exporter-specific
rate published for the most recent period; (3) for all China exporters
of subject merchandise that have not been found to be entitled to a
separate rate, the cash deposit rate will be the rate previously
established for the China-wide entity, which is 154.07 percent; and (4)
for all non-China exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the China exporter that supplied that non-China exporter.
The cash deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers Regarding the Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to APO of
their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing these final results of administrative review and
publishing this notice in accordance with sections 751(a)(1) and 777(i)
of the Act.
Dated: November 18, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of The Issues
Comment 1: Commerce Should Make No Changes to the Calculations
Not Raised in the Case Briefs of the Parties to the Review
Comment 2: Commerce Should Not Deduct from the U.S. Price Any
Amount for Value-Added Tax
Comment 3: Whether Commerce Should Modify Customs Instructions
Comment 4: Commerce Should Include Reported Energy Factors of
Production in its Normal Value Calculation
Comment 5: Commerce Incorrectly Valued Cornstarch
Comment 6: Commerce Should Accept Green Health International's
Separate Rate Application
V. Conclusion
[FR Doc. 2019-25536 Filed 11-22-19; 8:45 am]
BILLING CODE 3510-DS-P